New firework laws bring sparkle to NY

When neighbors light up their lawns with sparks and colored smoke in the greater Rochester area this Independence Day, chances are they're doing it legally.

Shooting off fireworks as a private resident has been illegal in New York since 1940, and firework definitions were expanded in 1997, meaning New Yorkers haven't set off much more than a party popper for almost a decade.

But the state relaxed firework laws this year to allow "sparkling devices," which are ground-based fireworks that spew sparks, colored smoke or crackling noises. Stores in counties that opt into amended state laws can sell a variety of these fireworks during certain times of the year.

"When they became legal here, we actually just jumped on it and it's been going great ever since," said Ontario resident and Barely Legal Fireworks owner Jason Guck, who set up a fireworks tent in a shopping plaza in Ontario, Wayne County, last week. When he opened at midnight June 20, a line of eager customers had already snaked around the tent.

The amended state law came onto the scene in November, and went into effect April 20 in Yates County, May 27 in Wayne County and June 3 in Ontario and Livingston counties. Monroe, Genesee and Orleans have not opted into the law, meaning the sale and use of fireworks, including sparkling devices, is still illegal in those areas.

Residents who buy larger fireworks in Pennsylvania, where sale to New York residents is legal, are still subject to penalties if they set those fireworks off in New York backyards. Delaware, Massachusetts and New Jersey are the only remaining states with full fireworks bans.

Guck helped man the family fireworks business tents in Pennsylvania as a middle-schooler. By Wednesday in Ontario, he'd sold completely out of bamboo stick sparklers and several other firework types.

The difference between legal and illegal fireworks can be confusing, but it's all about whether the device stays on the ground, Guck said. "These are just sprays of sparks," he said. "With stuff that is illegal, it launches, and then you hear a 'poof' and a loud report, and it's up in the sky a couple hundred feet."

Guck's larger fireworks can spray sparks 12 feet into the air, but you won't see anything reminiscent of your local town fireworks display on his shelves — fireworks such as rockets, Roman candles and mortars are all off limits.

Ontario residents Ken and Pam Hawkins decided to hold an early Fourth of July party after discovering Guck's tent earlier this week.

"I saw it and said, 'This can't be real,' " said Ken Hawkins. After several friends on Facebook confirmed the legality of the fireworks, Hawkins took home a load of assorted pyrotechnics for a family party.

"This brings back a lot of memories … it's like being a kid again," he said, remembering shooting off rockets in his yard as a child. He's hoping current neighbors will notice the fireworks and come join the fun. "It'll be a blast," he said.

Shannon Ligammari, store team leader at a Victor Target store on Route 96, said people couldn't believe their eyes when the store stocked a front shelf with a colorful fireworks assortment — "The first day we had guests in the front of store on their phones going, 'Oh my God, there's fireworks in Target,' " Ligammari said. "It was really funny to watch."

The store stocked fireworks about two weeks ago after going through a safety regulation checklist that included notes about placing of fireworks and fire extinguishers, signage, and checking identification at cash registers.

Only residents 18 and older with valid identification can buy fireworks. Sparkling device fireworks can only be sold during certain days in the allowed counties — sales are legal only from June 1 to July 5, and again from Dec. 26 to Jan. 2.

Victor Town Supervisor Jack Marren chairs the Ontario County Board of Supervisors, which decided to adopt a local law that legalized sparkling devices in the county earlier this year.

"Sparklers are something that would be done certainly with adult supervision. … The parents would be purchasing them and allow children to use them," said Marren. "I think if we looked at family enjoyment opportunities, these had potentially minimal risk."

Residents are responsible for knowing where they can legally use the fireworks they buy, he said — "Once you make a purchase, it's like those who drive to another state to purchase fireworks and bring them back to New York … you run that same risk."

Any law enforcement officer can administer the appropriate penalty for illegal fireworks, said Trooper Mark O'Donnell, a New York State Police public information officer. The fine for possession of illegal fireworks, classified as a violation, is a maximum of $250; possessing fireworks valued at $50 or more is a class B misdemeanor, meaning a fine of up to $500, according to state law.

The top priority among law enforcement is safety, he said — "Sparklers don't physically explode, but they can cause serious injury," O'Donnell said. "One person getting hurt with fireworks is too many."

Firework injuries definitely peak over the Fourth of July holiday, but usually they consist of minor burns, said Bryan Gargano, medical director of Rochester General Hospital's adult emergency department.

"Usually we don't see anyone losing digits. ... The challenge with fireworks is they're pretty hot so you will get some third-degree burns," Gargano said, adding that sparklers burn at a minimum of 1,200 degrees Fahrenheit.

Usually residents' accident descriptions follow the same general storyline, he said — "It's almost always, 'I got careless,' ... very rarely is it, 'I had no idea it was going to explode.' "

The hospital doesn't track fireworks injuries unless they are particularly severe second- or third-degree burns, which need to be submitted to the state as injuries possibly connected to arson incidents, he said. The hospital sees two to three severe firework-related injuries per year, he said.

"Sparklers are a lot hotter than you think, and they burn really deep really fast," he said, adding that if a firework doesn't light the first time around, it's usually not a great idea to try to relight it. Always make sure a spark is completely out before throwing a firework into the garbage, he said.

Both pop-up tent and mainstream stores have to possess safety information and permits to sell fireworks, and Guck displays a board full of these documents for customers and law enforcement personnel who may inquire. At midnight July 5, all fireworks will abruptly disappear from shelves as sales become illegal until December.

While legalizing sparkling devices may seem lame to fireworks enthusiasts, it's a promising move toward more relaxed fireworks rules, said Guck.

"This a great first step," he said. "I hope they do legalize the big stuff, but I'm happy with this for now."

STADDEO@DemocratandChronicle.com

Fireworks shows

This weekend: Gates' annual town Summer Celebration will be held from 5 to 10:30 p.m. Saturday at Gates Chili High School, 1 Spartan Way, Gates. Live music, games, food and beverages and community booths will be available. A fireworks show will begin at 10 p.m. Admission is free; food and activities are not. For more information, go to gatesrecparks.org.

Next week: The Democrat and Chronicle will publish a calendar of fireworks shows and other Fourth of July events in Thursday's Weekend section. It also will be available online.